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Welcome to
Lightspeed Media Corporation Auction Site (the "Site"). Any
person who wishes to access the Site to bid for goods or to use the other
services provided on the Site (collectively, the "Services")
must accept the terms and conditions of this User Agreement, without change.
PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE
SITE. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND
BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES
INCORPORATED BY REFERENCE.
Lightspeed Media Corporation (hereinafter "Lightspeed" or "Lightspeedcash.com")
reserves the right to change any of the terms and conditions contained
in this Agreement or any policies or guidelines governing the Site or
Services, at any time and in its sole discretion. Any changes will be
effective upon posting of the revisions on the Site. You are responsible
for reviewing the notice and any applicable changes. Changes to referenced
policies and guidelines may be posted without notice to you. You can review
the most current version of this Agreement at any time at www.lightspeedauctions.com/rules.php
YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING LIGHTSPEED'S
POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES
OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT,
DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.
1. Eligibility. Use of the Site and the Services is limited to parties
that lawfully can enter into and form contracts under applicable law.
Without limiting the generality of the foregoing, minors may not use the
Services. Every person who uses the Services hereby represents to Lightspeed
that he or she is not a minor, is at least over the age of eighteen (18)
and may otherwise enter into and form binding contracts under applicable
law. To register, you must provide your real name, address, phone number
and e-mail address, along with other information that may be required
from time to time.
2. Payments. Lightspeed currently accepts Money Orders and Cashier Checks. In the event that chosen payment method does not enable you to make full and immediate payment for any reason, including without limitation insufficient funds or credit decline, Lightspeed may in it sole and absolute discretion cancel your bid. In such case, Lightspeed may in it sole and absolute discretion (but shall not be required to) designate the next highest bidder (meeting the applicable minimum bid or reserve requirements) as the winning bidder. If payment is not received within 7 days after the auction has closed, or informing us that a cashiers check or money order has been sent, the auction transaction will become void and the item will be up for auction again, or go to the next highest bidder, at the discretion of Lightspeed.
3. Transactions.
Each transaction in the Lightspeed's Auction will indicate whether a reserve
price has been established. If you are the highest bidder (meeting the
applicable minimum bid or reserve requirements) your bid is a legal offer
to buy the product and you are obligated to complete the transaction.
Bids are not retractable.
o By entering into this Agreement and bidding on a product, you agree
to complete the transaction as described by this Agreement. You acknowledge
that by not fulfilling these obligations, your action or inaction may
be legally actionable.
Password Security. Your password may be used only to access the Site,
use the Services, electronically sign your transactions and review your
completed transactions. You are solely responsible for maintaining the
security of your password. You may not disclose your password to any third
party (other than third parties authorized by you to use your account)
and are solely responsible for any use of or action taken under your password
on this Site. If your password is compromised you must change your password.
Access and
Interference. Much of the information on the Site is updated on a real
time basis and is proprietary of or is licensed to Lightspeed. You agree
that you will not use any robot, spider, scraper or other automated means
to access the Site for any purpose. Additionally, you agree that you will
not: (a) take any action that imposes, or may impose in our sole discretion
an unreasonable or disproportionately large load on our infrastructure;
(b) copy, reproduce, modify, create derivative works from, distribute
or publicly display any content (except as otherwise provided herein);
(c) interfere or attempt to interfere with the proper working of the Site
or any activities conducted on the Site; or (d) bypass our robot exclusion
headers or other measures we may use to prevent or restrict access to
the Site.
1. Illegal
Activity
Compliance with Laws; Fraud. The Site and Services only may be
used for lawful purposes and in a lawful manner. You agree to comply with
all applicable laws, statutes and regulations regarding use of the Services,
including in regard to bidding, and purchasing items. You may not register
under a false name or use an invalid or unauthorized credit card. You
may not make bids under a false name, impersonate any participant, or
use another participant's password(s). Such fraudulent conduct is a violation
of federal and state laws. Fraudulent conduct may be reported to law enforcement,
and Lightspeed will cooperate to ensure that violators are prosecuted
to the fullest extent of the law.
Shill Bidding. You are strictly prohibited from placing bids or
causing bids to be placed on any product for the purpose of artificially
increasing or otherwise manipulating the bidding process on Lightspeed.com
or the bid price of any product listed on the Site, or influencing user
behavior on Lightspeed.com.
2. Breach.
Without limiting other remedies, Lightspeed may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate your membership
and refuse to provide our services to you: (a) if you breach this Agreement
or the documents it incorporates by reference; (b) if Lightspeed or any
Certified Merchant is unable to verify or authenticate any information
you provide to Lightspeed; or (c) if Lightspeed believes that your actions
may cause legal liability for you, other Lightspeed users or Lightspeed
Media Corporation.
1. No Warranties.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
CUSTOMER'S USE OF AND RELIANCE THEREON ARE AT CUSTOMER'S OWN AND SOLE
RISK. LIGHTSPEED MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
2.
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT;
THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL
ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE
WITHOUT ERROR;
ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF
TRADE; AND
ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER
OR NOT ARISING FROM THE NEGLIGENCE OF LIGHTSPEED.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LIGHTSPEED DISCLAIMS
ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, WHICH YOU OBTAIN FROM LIGHTSPEED OR THROUGH THE USE OF SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability. LIGHTSPEED WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE
SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES
WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE.
Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD LIGHTSPEED AND OUR
SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES
HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS
AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM
OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE
DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE,
FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C)
YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED
TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT
AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION
OF THIS AGREEMENT.
1. Applicable Law. The laws of the State of Arizona govern this Agreement
and all of its terms and conditions, without giving effect to any principles
of conflicts of laws.
2. Arbitration. YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF
OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING
ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE
AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL
BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN
ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE
ARBITRATION SHALL BE CONDUCTED IN SEATTLE, WASHINGTON, AND JUDGMENT ON
THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION
THEREOF. EITHER YOU OR LIGHTSPEED MAY SEEK ANY INTERIM OR PRELIMINARY
RELIEF FROM A COURT OF COMPETENT JURISDICTION IN PHOENIX, ARIZONA , IF
NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR LIGHTSPEED PENDING
THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY
CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY
SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
Termination. Lightspeed, in its sole discretion, may terminate or modify
this Agreement, access to the Site or the Services, or any current transaction
immediately without notice for any reason.
1. General Provision
Entire Agreement. This Agreement and the general terms, conditions
set forth on the Site, including but not limited to those set forth in
the Help Pages, Privacy Policy and Legal Pages, constitute the entire
agreement of the parties with respect to the subject matter hereof and
supersedes and cancels all prior and contemporaneous agreements, claims,
representations and understandings of the parties in connection with the
subject matter hereof.
No Agency; Third-Party Beneficiary. Lightspeed is not the agent,
fiduciary, trustee or other representative of you. Nothing expressed or
mentioned in or implied from this Agreement is intended or shall be construed
to give to any person other than the parties hereto any legal or equitable
right, remedy or claim under or in respect to this Agreement. This Agreement
and all of the representations, warranties, covenants, conditions and
provisions hereof are intended to be and are for the sole and exclusive
benefit of Lightspeed, its Certified Merchants and you.
Severability. If any provision of this Agreement shall be deemed
unlawful, void, or for any reason unenforceable, then that provision shall
be deemed severable from these terms and conditions and shall not affect
the validity and enforceability of any remaining provisions.
No Waiver. Lightspeed's failure to enforce the strict performance
of any provision of this Agreement will not constitute a waiver of Lightspeed's
right to subsequently enforce such provision or any other provisions of
this Agreement.
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